Federal Court of Australia
CATCHWORDS
Administrative Law - Application for review of decision of Commissioner of Patents allowing extension of time for lodgment of opposition to grant of patent - Locus standi -
Irrelevant considerations - Relevance of fresh evidence after
the decision made.
Administrative Decisions (Judicial Review) Act 1977, ss, 5, 16(1).
Patents Act 1952, s.59(1).
ERLING VANGEDAL-NIELSEN, LINDSAY _ JOHN DOUGLAS PEDERSEN, ROBERT JOHN BUTLER, STANLEY THOMAS MURPHY and STEPHEN CONRAD MURPHY Vv. FRANCIS JOHN SMITH, COMMISSIONER OF PATENTS and GELPHEN
NOMINEES PTY. LIMITED trading as GELPACK ENTERPRISES
No. G122 of 1980
Coram: Bowen C.J.
19 December 1980.
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA)
)
NEW SOUTH WALES DISTRICT REGISTRY) No. G122 of 1980
GENERAL DIVISION
JUDGE MAKING ORDER:
DATE OF ORDER:
WHERE MADE:
) )
BETWEEN:
ERLING VANGEDAL-NIELSEN
First Applicant
LINDSAY JOHN DOUGLAS PEDERSEN
Second Applicant ROBERT JOHN BUTLER Third Applicant
STANLEY THOMAS MURPHY
Fourth Applicant
STEPHEN CONRAD MURPHY
Fifth Applicant
AND:
FRANCIS JOHN SMITH, COMMISSIONER OF PATENTS
First Respondent
GELPHEN NOMINEES PTY. LIMITED, trading as GELPACK ENTERPRISES
Second Respondent
RDER
Bowen C.J. 19 December 1980.
Sydney
THE COURT ORDERS THAT:
1.
The decision of the Commissioner of Patents dated 3 November 1980 allowing an extension of time for lodging notice of opposition to 510460 until 26 December 1980 be quashed with effect from 3 November 1980.
The applicants file and serve written submissions on costs on or before 2 February 1981.
The second respondent file and serve replies in writing on or before 16 February 1981.
The proceeding be stood over to 27 February 1981.
Liberty to apply on 7 days notice.
IN THE FEDERAL COURT OF AUSTRALIA)
)
NEW SOUTH WALES DISTRICT REGISTRY) No. G122 of 1980
GENERAL DIVISION
CORAM : Bowen C.J.
19 December 1980.
) )
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